LAXMI INDUSTRIES LIMITED Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) BY his three identically worded separate orders the learned Special Magistrate (Economic Offences), Jaipur, has framed the charges against the petitioners for the offence punishable under Section 276B of the Income-tax Act, 1961 (the Act of 1961). In all these three petitions such orders of the learned magistrate have been challenged on the same grounds. These were, therefore, heard together and are being disposed of by this combined order.

(2.) NONE has appeared for and on behalf of respondent No.l. Therefore, learned counsel for the petitioners as also the learned Public Prosecutor were heard.

(3.) THE learned public prosecutor no doubt urged that ignorance of law is no excuse and since an Explanation is simply clarificatory in nature, ignorance of that position and the effect of such Explanation cannot be successfully pleaded by a party. Ignorance of law is certainly not an excuse but there is no presumption of law also that everybody knows the law. It can hardly be disputed that prior to the coming into force of the Explanation to Section 194A with effect from June 1, 1987, the assessees were depositing the tax in the manner as was done by the petitioner for the years under consideration.